42 Amendments of Maria GRAPINI related to 2023/0085(COD)
Amendment 101 #
Proposal for a directive
Recital 22
Recital 22
(22) Traders are more and more interested in making environmental claims related to future environmental performance of a product or trader, including by joining initiatives that are promoting practices which could be conducive to a reduced environmental impact or to more circularity. These claims shouldmust be substantiated in line with the rules applicable to all explicit environmental claims so as not to mislead consumers when choosing a product.
Amendment 150 #
Proposal for a directive
Recital 46
Recital 46
(46) Environmental labelling schemes established by private operators, if too many and overlapping in terms of scope, may create confusion in consumers or undermine their trust in environmental labels. Therefore, Member States should only allow that new environmental labelling schemes are established by private operators provided that they offer significant added value as compared to the existing national or regional schemes in terms of environmental ambition of the criteria to award the label, coverage of relevant environmental impacts, and completeness of the underlying assessment. Member States should recognise the added value of the ability of such schemes to stimulate the ecological transition by responding quickly to the latest innovations in industry and environmental standards. Member States should set up a procedure for the approval of new environmental labelling schemes based on a certificate of conformity drawn up by the independent verifier. This should apply to schemes established in the Union and outside of the Union.
Amendment 233 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in an environmental labelin which the specification of the claim is easy to understand and clearly visible on the relevant medium or in electronic form;
Amendment 247 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 251 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘environmental label’ means a sustainability label, as defined in Article 2(r) of Directive 2005/29/EC, covering only or predominantly environmental aspects of a product, a process or a trader;
Amendment 268 #
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) ‘widely recognised scientific approach’ means evidence based on an international or European standard or on reasoning or a methodology that is scientifically valid, having either been reviewed and published by fellow scientists or widely accepted within the relevant scientific community.
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims. Thise assessment shallof explicit claims relating to environmental impact, environmental aspects or environmental performance:
Amendment 296 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) include primary information available to the trader, regarding environmental impacts, environmental aspects or environmental performance, which are subject to the claim;
Amendment 303 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) demonstrate that environmental impacts, environmental aspects or environmental performance that are subject to the claim are significant from a life- cycle perspective, as this is defined in ISO 14001;
Amendment 306 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) where a claim is made on environmental performance, also take into account all environmental aspects or environmental impacts which are significant to assessing the environmental performancein terms of the life-cycle perspective, as this is defined in ISO 14001;
Amendment 313 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 328 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) identify whether improving environmental impacts, environmental aspects or environmental performance subject to the claim leads to significant harm in relation to environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems. The trader making the claim must provide a qualitative assessment, in compliance with the requirements set out in paragraph 1;
Amendment 366 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) include relevant secondary information for environmental impacts, environmental aspects, or environmental performance which is representative of the specific value chain of the product or the trader on which a claim is made, in cases where no primary information is available.
Amendment 466 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
Information on the product or the trader that is the subject of the explicit environmental claim and, on the substantiation and information provided in Article 5(3) and (4) shall be made available together with the claim in a physical form or in the form of a weblink, QR code or equivalent.
Amendment 494 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f
Article 5 – paragraph 6 – subparagraph 2 – point f
(f) for climate-related explicit environmental claims that rely on greenhouse gas emission offsets, information to which extent they rely on offsets and whether these relate to emissions reductions, avoidance or removals;
Amendment 496 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point g
Article 5 – paragraph 6 – subparagraph 2 – point g
(g) a summary of the assessment, including the elements listed in this paragraph, that is clear and understandable to the consumers targeted by the claim and that is provided in at least one of the official languages of the Member State where the claim is made and does not include information that is confidential and which qualifies as a trade secret within the meaning of Article 2(1) of Directive (EU) 2016/943.
Amendment 510 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Comparative environmental claims shall not relate to an improvement of the environmental impacts, environmental aspects or environmental performance of the product that is the subject of the claim compared to the environmental impacts, environmental aspects or environmental performance of another product from the same trader or from a competing trader that is no longer active on the market or from a trader that no longer sells to consumers, unless they are based on evidence proving that the improvement is significant and achieved in the last five years, unless they are based on evidence and clearly specify the reference year for comparison.
Amendment 513 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that environmental labels fulfil the requirements set out in Articles 3 to 6 and are subject to verification in accordance with Article 10. This paragraph shall apply to all environmental labels presenting a rating or score of a product or trader, including those administered by economic and non-economic operators.
Amendment 517 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Only environmental labels awarded under environmental labelling schemes established under Union law may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or trader. Until the adoption of a specific Union law establishing such a labelling scheme, environmental labels can only present a rating or score if they are based on a full life-cycle analysis methodology, complying with the requirements of this Directive.
Amendment 574 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 a (new)
Article 8 – paragraph 5 – subparagraph 1 a (new)
When considering what constitutes added value, Member States should recognise the ability of such schemes to respond quickly to the latest innovation standards relating to industry and the environment.
Amendment 575 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 b (new)
Article 8 – paragraph 5 – subparagraph 1 b (new)
Private environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided the requirements of this Directive are met.
Amendment 599 #
Proposal for a directive
Article 8 – paragraph 8 – subparagraph 1 – introductory part
Article 8 – paragraph 8 – subparagraph 1 – introductory part
In order to ensure a uniform application across the Union, 12 months from the date of transposition of this Directive the Commission shall adopt implementing acts to:
Amendment 628 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(3a) The trader shall not be required to review the substantiation or apply anew for certification where small changes are made to the text of the claim, which do not have a major impact on the nature of the claim.
Amendment 640 #
Proposal for a directive
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. External audits shall be carried out periodically by traders for the purpose of reviewing the internal process implemented.
Amendment 641 #
Proposal for a directive
Article 10 – paragraph 4 b (new)
Article 10 – paragraph 4 b (new)
4b. The verification of an environmental label shall be undertaken by a verifier fulfilling the requirements set out in Article 11, in accordance with the procedures referred to in paragraphs 1 and 2, before the environmental label is displayed by a trader.
Amendment 649 #
Proposal for a directive
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. For environmental labelling schemes, the certificate of conformity covers the use of these labels by traders, who are certified to comply with the requirements of such schemes. These certified traders shall not be subject to any further verifications.
Amendment 661 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
9. TWithin 12 months of the date of entry into force of the Directive, the Commission shall adopt implementing acts to set out details regarding the form of the certificate of conformity referred to in paragraph 5 and the technical means for issuing such certificate of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19.
Amendment 665 #
Proposal for a directive
Article 10 – paragraph 9 a (new)
Article 10 – paragraph 9 a (new)
9a. To support traders in carrying out the verification and certification procedures referred to in paragraphs 1 and 2, the Commission shall publish and update a list of accredited verifiers within 24 months of the entry into force of the Directive.
Amendment 667 #
Proposal for a directive
Article 10 – paragraph 9 b (new)
Article 10 – paragraph 9 b (new)
Amendment 669 #
Proposal for a directive
Article 10 – paragraph 9 c (new)
Article 10 – paragraph 9 c (new)
9c. Verification within 30 days after the trader has submitted all requested documents to the verifier: (a) in accordance with Article 3 in the case of ‘explicit environmental claims’, (b) in accordance with Article 4 in the case of ‘comparative explicit environmental claims’ or (c) in accordance with Article 8 in the case of ‘environmental labelling schemes’.
Amendment 670 #
Proposal for a directive
Article 10 – paragraph 9 d (new)
Article 10 – paragraph 9 d (new)
9d. Member States shall establish procedures for prioritising the verification of existing environmental claims made before the entry into force of this Directive and shall introduce a transition period during which existing claims presented for verification can continue to be used.
Amendment 671 #
Proposal for a directive
Article 10 – paragraph 9 e (new)
Article 10 – paragraph 9 e (new)
9e. Products with environmental claims or labels created or displayed prior to the entry into force of the Directive can continue to be marketed until the environmental claim or label has been verified by the trader.
Amendment 674 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that the measures adopted in accordance with this Directive in no way prejudice the protection of confidential information and business secrets provided for in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
Amendment 676 #
Proposal for a directive
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) the verifier shall be independent of the product bearing, or the trader associated to, the environmental claimlabel;
Amendment 686 #
Proposal for a directive
Article 11 – paragraph 3 – point g a (new)
Article 11 – paragraph 3 – point g a (new)
Amendment 689 #
Proposal for a directive
Article 11 – paragraph 3 – point g b (new)
Article 11 – paragraph 3 – point g b (new)
(gb) the verifier who issues the certificate of conformity shall be responsible for the accuracy of the certificate and shall be held accountable in the event that an investigation finds them to have been negligent in their assessment.
Amendment 728 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance and require that trader to takinitiate all appropriate corrective action within 30 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
Amendment 739 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Competent authorities shall assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation, or of the verifier, with a view to verify those complaints. If confirmed and if the trader is at fault, the competent authorities shall take the necessary actions in accordance with Article 15.
Amendment 753 #
Proposal for a directive
Article 17 – paragraph 2 – point d a (new)
Article 17 – paragraph 2 – point d a (new)
(da) measures ordering companies to take corrective action;
Amendment 801 #
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. As part of the evaluation and review referred to in paragraph 1, and in order to ensure a level playing field for traders, the Commission shall undertake an impact assessment of the measures established for microenterprises and small and medium-sized enterprises in Articles 4, 5, 10 and 12, and consider their review after the Directive is implemented.
Amendment 806 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1 a (new)
Article 25 – paragraph 1 – subparagraph 1 a (new)
Products with environmental statements or labels created or displayed prior to the entry into force of the Directive can continue to be marketed until the environmental statement or label has been verified by the trader.
Amendment 808 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive]. for products and information and packaging material placed on the market after this date.